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Last Published: 2/7/2013 4:38:23 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
Present:12 - SCOTT WAGNER, DICK DAVIS, ED FORD, RUSS JOHNSON, MELBA CURLS, JERMAINE REED, JIM GLOVER, JAN MARCASON, CINDY CIRCO, MICHAEL BROOKS, SCOTT TAYLOR, JOHN SHARP
 

130099
RESOLUTION - Congratulating Officer Shawnie Nix of the Kansas City, Missouri Police Department on being awarded at the 2012 WIN for KC Hallmark Cards Leadership Award.


Adopted

Ayes: 12 - Wagner, Davis, Ford, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130100
RESOLUTION - Recognizing Pat Jordan as a recipient of the 2013 Missouri Arts Award.


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130105
RESOLUTION - Honoring Dennis Gagnon for his exceptional service to the City of Kansas City, Missouri.


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130091
COMMUNICATION - Notice to the City Clerk from the Planned Industrial Expansion Authority regarding a notice of intent to accept the redevelopment contract proposal submitted by Creamery Development, LLC for the project at 2100 Central in the Stuart Hll-HD Lee PIEA Area, as amended, in the 4th City Council District.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130097
COMMUNICATION - Notice to the City Clerk from the Planned Industrial Expansion Authority regarding a notice of intent to accept the redevelopment contract proposal submitted by 1515 Walnut, LLC for the project at 1515 Walnut and 1517 Walnut in the Crossroads PIEA Area in the 4th City Council District.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130102
COMMUNICATION - Notice to the City Clerk from the Zona Rosa Community Improvement District regarding their 2013-14 Proposed Annual Budget.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130103
COMMUNICATION - Notice to the City Clerk from Lewis Rice Fingersh regarding the submission of the 2013-14 proposed annual budget for Antioch Center Community Improvement District.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130104
COMMUNICATION - Notice to the City Clerk from Husch Blackwell regarding the submission of the 2013-14 proposed annual budget for the Greenway Fields Neighborhood Community Improvement District.


Received And Filed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130074
RESOLUTION - Amending the 2008 One Year Action Plan and authorizing submittal of a Substantial Amendment to the U.S. Department of Housing and Urban Development for its consideration in order to amend the budget for the Neighborhood Stabilization Program funding received under the Housing and Economic Recovery Act of 2008 (HERA).


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130107
RESOLUTION - Directing the City Manager to initiate a rezoning of the property of approximately 9 acres located at the northwest corner of Pryor Road and Bannister Road, and as legally described in Committee Substitute for Ordinance No. 121076, to a zoning classification as determined by City staff that does not create any nonconforming uses for the Summit on Pryor Project, is appropriate for the area, is compatible with the Little Blue Valley Area Plan and at such time and under such conditions as provided in this Resolution.


Adopted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130059
Accepting and approving a one-year $523,721.00 consolidated communicable disease prevention contract with the Missouri Department of Health and Senior Services to provide funding for Comprehensive Sexually Transmitted Disease Program, HIV/AIDS Surveillance and Perinatal Hepatitis B Case Management services; increasing revenue in the Governmental Grants Fund in the amount of $16,438.33; increasing appropriations in the Governmental Grants Fund in the amount of $29,971.33; and authorizing the Director of Health to expend $174,575.67 for the program.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

121016
(Sub.)
Amending Chapter 18, Article II, Code of Ordinances, by repealing Sections 3201.1.1, 3201.5, 3201.5.1, 3201.5.2, 3201.5.3, 3201.5.4, 3201.6, 3201.7 and 3201.8, and enacting new Sections 3201.1.1 and 3201.1.2 in said chapter and article, and enacting a new Section 18-25 in Article I of Chapter 18, to amend the regulations regarding encroachments.  


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Marcason Move to Waive Charter Requirement
I move that the Charter requirement for reading of ordinances on three separate days be waived for the ordinances on today’s docket listed as “Scheduled Committee Advances” and that these ordinances be advanced for final reading and consideration at this time.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130042
Approving and authorizing settlement of a lawsuit entitled JF Investments Real Estate Co. v. City of Kansas City, Missouri, Case No. 1116-CV33820.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130043
(Sub.)
Approving and authorizing settlement of a lawsuit entitled DSJ, LLC, et al. v. City of Kansas City, Missouri, Case No. 1016-CV01917; appropriating $100,000.00 from the 2012B Special Obligation Taxable Bond Fund; and transferring this sum to the City Legal Expense Fund.


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130068
Approving and authorizing settlement of a claim by Chris Gugler and Kamie McEachran, Claim No. T1112-1193A.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130003
Authorizing execution of a relinquishment agreement with the Missouri Highways and Transportation Commission (Commission) whereby Commission transfers to the City of Kansas City a portion of Route 71 (aka Hickman Mills Drive) generally from Route W (aka Bannister Road) southerly to 117th Street.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130020
Authorizing a contract amendment for approximately $164,000.00 with Shafer, Kline and Warren, Inc. for additional design services for the North Jackson Avenue Improvements project; and recognizing an emergency.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130045
(Sub.)
Amending Chapter 40, Code of Ordinances, entitled “Licenses and Miscellaneous Business Regulations,” to revise the provisions on suspension or revocation of the business license.


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130067
Accepting and approving a one-year $504,189.00 contract with the Missouri Department of Health and Senior Services to provide funding for HIV and STD prevention and reduction services in Kansas City, Missouri; and increasing revenue in the amount of $14,649.00 and appropriations in the amount of $14,648.00, respectively.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130076
Authorizing the Director of Neighborhoods and Housing Services Department to accept a 2012 Missouri Emergency Solutions Grant Program in the amount of $75,000.00 from the Missouri Housing Development Commission for the provision of homeless services; estimating revenues and increasing appropriations in the General Fund account; and authorizing the Director to enter into a contract.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

121076
(Sub.)
Approving an amendment to a previously approved preliminary Chapter 80 development plan in District B4-5 on approximately 9 acres generally located at the northwest corner of Bannister Road and Pryor Road (14400 E. Bannister Road) to allow for 144 multi-family residential units and up to 10,000 sq. ft. of commercial uses or 24 additional multi-family residential uses. (9282-P-3)


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130077
Authorizing the Director of the General Services Department to execute a quit claim deed jointly with Land Clearance for Redevelopment Authority to Truman Medical Center Charitable Foundation for certain real property generally located at 660 East 24th Street releasing certain covenants, conditions, restrictions and retained interests in the property.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

120311
(Sub.)
Authorizing the Director of Public Works to enter into a cooperative agreement with the Kansas City Area Transportation Authority regarding the Westport North section of the Country Club Right-of-Way in Kansas City, Jackson County, Missouri and accepting a right-of-way easement for road purposes and directing the City Clerk to record the easement.


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130030
(Sub.)
Authorizing the Director of Public Works to enter into a Cooperative Agreement with the Kansas City Area Transportation Authority for the use of federal and other local funds for the Downtown Streetcar Transit System project; authorizing the expenditure of up to $160,000.00; and recognizing an emergency.


Passed as Substituted

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130035
Approving Pipeline Supplementary Workforce Change Order No. 1 with Beemer Construction Company, Inc.; and authorizing the Director of Water Services to expend approximately $378,000.00.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130047
Authorizing a contract amendment for approximately $178,000 with ARCADIS, U.S., Inc. for professional claims evaluation services for the North Oak Trafficway Phase II project.


Passed

Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Circo Move to Waive Charter Requirement
I move that the Charter requirement for reading of ordinances on three separate days be waived for the ordinances on today’s docket listed as “Second Readings” and that they be placed on the docket next week for third reading.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130081
Authorizing the issuance of General Airport Revenue Bonds; prescribing the terms, provisions and conditions for the issuance of bonds and obligations of the City; and authorizing certain actions and documents and prescribing other matters relating thereto.


Assigned to Third Read Calendar

130083
Authorizing and directing the issuance, sale and delivery of not to exceed $212,500,000 aggregate principal amount of General Improvement Airport Refunding Revenue Bonds, Series 2013A (AMT) and General Improvement Airport Refunding Revenue Bonds, Series 2013B of the City of Kansas City, Missouri, prescribing the form and details of such revenue bonds; authorizing certain actions and documents and prescribing other matters relating thereto.


Assigned to Third Read Calendar
 
 Councilmember Circo Move to Waive Charter Requirement
I move that the Charter requirement for reading ordinances on three separate days be waived for the ordinances on today’s docket listed as “First Readings” and that these ordinances be introduced as listed to the committee so designated.
 
Ayes: 13 - Wagner, Davis, Ford, Johnson, Curls, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130092
Authorizing the Director of Finance to accept the proposal of Banc of America Public Capital Corporation (“BAPCC”) for financing the improvements to nine (9) fire stations to comply with Gender Neutral requirements (“Project”) under a Master Equipment Lease/Purchase Agreement (“Lease”) in an approximate principal amount not to exceed $918,000.00.00; estimating and appropriating $918,000.00 in lease proceeds; authorizing the execution of any and all documents and agreements necessary for the financing; designating requisitioning authorities; authorizing the Director of Finance to close project accounts upon project completion; and declaring the intent of the City to reimburse itself from the lease purchase proceeds for certain expenditures.


Referred to Finance, Governance & Ethics Committee

130098
Adopting the Show Me Green Sales Tax Holiday for City sales taxes on Energy Star certified new appliances from April 19 through April 25, 2013; and directing the City Clerk to provide a certified copy of this ordinance no later than March 4, 2013, to the Missouri Department of Revenue as notice of the City's participation in the sales tax holiday.


Referred to Finance, Governance & Ethics Committee

130093
Approving the sale of property at 7205 N.W. Prairie View Road, Platte Woods, Missouri; authorizing the Director of General Services to execute a deed; and directing the City Clerk to record this ordinance with the Recorder of Deeds for Platte County, Missouri.


Referred to Planning, Zoning & Economic Development Committee

130096
Amending Chapter 10, Code of Ordinances, by repealing Section 10-214, Consents required, and enacting in lieu thereof a new section of like number and subject matter which voids a consent form that has been submitted from an eligible consenter who has received any type of gift or compensation in exchange for their consent.


Referred to Public Safety & Emergency Services Committee

130101
Amending Chapter 10, Code of Ordinances, by repealing Section 10-211, Number of retail alcoholic beverage licenses, and enacting in lieu thereof a new section of like number and subject matter which adds an exception for retail sales-by-drink licenses for an event space.


Referred to Public Safety & Emergency Services Committee

130094
RESOLUTION - Directing the City Manager to appoint a citizen advisory committee for the purpose of reviewing the City’s processes for establishing minority and women goals on non-construction contracts and making recommendations to the City Council on possible improvements to such processes.


Referred to Transportation & Infrastructure Committee

130095
Establishing the street right of way for redesigned and realigned 87th Street from Blue River Rd easterly to I-435; establishing street right of way for Fire Fighters Memorial Drive; establishing the centerline and street right of way of said 87th Street and Fire Fighters Memorial Drive as referenced by the baseline of plans located in the Department of Public Works; vacating that portion of 87th Street no longer being used for street purposes; and directing the City Clerk to record this ordinance in Kansas City, Jackson County, Missouri.


Referred to Transportation & Infrastructure Committee

130106
RESOLUTION - Designating the City’s share of Platte County’s special road and bridge tax receipts for calendar years 2009, 2010, and 2011 not used for improvements to N.W. Barry Road at I-29 and receipts for calendar year 2012 to be allocated to N.W. 72nd Street between Route 9 and I-29, and receipts for calendar years 2013 and 2014 for improvements to N.W. Prairie View Road between Route 45 and N.W. Martin Drive per RSMo 137.556; and directing the City Manager to transmit this resolution to Platte County.


Referred to Transportation & Infrastructure Committee
 
MISCELLANEOUS BUSINESS
 
 CLOSED SESSION Closed Session/Litigation Item(s)* Closed Session/Legal Issue(s)** Closed Session/Personnel Issue(s)*** Closed Session/Real Estate Transaction(s)Closed Session/Employee/Labor Negotiation Item(s)***** *Litigation Item(s) may be discussed in a closed session pursuant to §610.021 (1) RSMo. because it relates to legal action, causes of actions, or litigation. **Legal Issue(s) will be discussed in closed session pursuant to §610.021(1) RSMo because it relates to confidential and privileged communications between City Council and its attorneys. ***Personnel Issue(s) will be discussed in closed session pursuant to §610.021(3) RSMo because it relates to personnel matter. ****Real estate transaction(s) may be discussed pursuant to Sec. 610.021(2), RSMo. because public knowledge of the transaction(s) at this time might adversely affect the legal consideration therefor. *****Employee/Labor negotiation item(s) may be discussed in a closed session pursuant to §610.021(9) RSMo. because it relates to preparation for negotiations with employee groups. The City Clerk's Office now has equipment for the hearing impaired for use with every meeting. To check out the equipment please see the secretary for each committee. Be prepared to leave your Driver's License or State issued Identification Card with the secretary and she will give you the equipment. Upon returning the equipment your license will be returned.